Rear extension has no planning permission

birdie89

Hi there everyone,

I am sale agreed on an ex-DCC corporation two bed terrace house.

I got a survey carried out last week and as I expected the single storey kitchen extension is not exempt from planning permission given the size of the garden left (under 25sqm).

I have Carried out a planning application search against the property and surprise surprise there is no planning permission for the property.

I believe the extension was built over 7 however the survey does not believe that the extension is in the spirit of planning and most definitely does not comply with building regulations.

I am just wondering f anyone had any advice re the situation? I am aware that vendors often provide recent architect Certs which banks often accept but it is unlikely that th vendors will be able to provide such certs!

Nightmare!

Spanish Eyes

Retention permission?

birdie89

Spanish Eyes wrote: »

Retention permission?

Yes that will cover off the lack of planning permission but won’t resolve the fact that the extension is not compliant with building regs

mad m

birdie89 wrote: »

Yes that will cover off the lack of planning permission but won’t resolve the fact that the extension is not compliant with building regs

Do you know in what way its not compliant? Banks might not release the funds to buy it either.

mickdw

Your engineers report had highlighted B reg. issues. See if they can be rectified and at what price.
If it's a real cowboy effort and basically needs demolition, either walk or adjust price based on survey findings.
If the b reg. issues can be sorted for a price,reduce by that amount and deal with planning issue similarly.
You are sale agreed but the survey findings are more than enough to allow you to walk so all is up for negotiation again.

birdie89

mad m wrote: »

Do you know in what way its not compliant? Banks might not release the funds to buy it either.

The height doesn’t meet the required floor to ceiling height of 2.4 metres (it is 2.3m).

There are other problems like a cold deck flat roof without cross ventilation . The floor build up is questionable also - no insulation. However I am not sure whether these actually matter in relation to building regs as opposed to bad workmanship!

mickdw

Considering the above and the standard of workmanship that normally accompanies such botches, Id allow full rebuild cost when doing my figures. You then need to consider how much you want the house. Coming back with an offer taking account of the above will likely not get you the house.

birdie89

mickdw wrote: »

Considering the above and the standard of workmanship that normally accompanies such botches, Id allow full rebuild cost when doing my figures. You then need to consider how much you want the house. Coming back with an offer taking account of the above will likely not get you the house.

Any idea of a full rebuild cost? It’s really just a small kitchen extension.

mad m

birdie89 wrote: »

Any idea of a full rebuild cost? It’s really just a small kitchen extension.

Do you know any builders? you could ask to look at property again and bring builder with you.

Dev84

Say nothing.

ted1

Is there a front garden

birdie89

ted1 wrote: »

Is there a front garden

There is a drive way - no grass

The_Sally_Gap

I think once it’s over 7 years you’re fine , a letter from the architect confirming the age of it and how it’s not compliant should suffice. Your solicitor will be able to advise you better, they would be used to seeing things like this!

December2012

This is what I was told in a similar situaiton;

AFAIK over seven years only means nobody has requested to take it down. When you go on and sell it you will have the same difficulty.

Are you using a mortgage - the bank won't release funds unlesss its up to scratch.

Even if you did get the funds - if its not up to BR and its not a good job, will you be able to enjoy it anyway?

Are you planning on keeping it as is or are you going to fix it? get a builder to give you costs?

Secondly, there should be plenty of DCC properties around the city that have an extension that does comply with pp / br. If not, and you're stuck to an area, then look at other properties for cheaper and price the work yourself, done to a great standard.

James 007

I am surprised your solicitor didn't pick this up before you went sale agreed. I would of thought that this would be the case here. Yes the engineers report will pick up deficiencies or lack of compliance with building regs but with regards the planning the solicitor would surely query this.

December2012

They wouldn't know at the sale agreed stage. They only know at the contract stage. Sale Agreed means you are not in a binding agreement.

birdie89

James 007 wrote: »

I am surprised your solicitor didn't pick this up before you went sale agreed. I would of thought that this would be the case here. Yes the engineers report will pick up deficiencies or lack of compliance with building regs but with regards the planning the solicitor would surely query this.

The contract hasn’t arrived yet as I have only gone sale agreed

birdie89

At this stage I think I will wait to see what is in the contract but it looks like I might be better off trying to find another similar property that is compliant that won’t cause me heart ache!

Hagimalone

could it be possible DCC constructed extension, if so they're planning wont show up on planning system.

the_syco

birdie89 wrote: »

it looks like I might be better off trying to find another similar property that is compliant that won’t cause me heart ache!

I'd say you're probably better off looking elsewhere. If the extension was done like this, I'd wonder what other things you'll find out when you're living in the house a few months.

The_Sally_Gap

Talk to your solicitor before you let it go if you really like it, I think once it’s over 7 years the council can’t get an enforcement order against it, the bank will just need confirmation of that.

Gumbo

The_Sally_Gap wrote: »

Talk to your solicitor before you let it go if you really like it, I think once it’s over 7 years the council can’t get an enforcement order against it, the bank will just need confirmation of that.

An enforcement action can still be taken and held on the property. Over 7 years just means that’s the Council cannot enforce its removal but it will always be in a state of non compliance and pj cannot apply for further development without regularising the unauthorised structure.

The_Sally_Gap

kceire wrote: »

An enforcement action can still be taken and held on the property. Over 7 years just means that’s the Council cannot enforce its removal but it will always be in a state of non compliance and pj cannot apply for further development without regularising the unauthorised structure.

A friend of mine had something similar on a property he bought. The owners had added an extension (additional bedroom), that left small garden space. He got a mortgage on the property when he provided the information I mentioned above. He doesn’t intend on doing any additional work to the house so he was just happy to go with it.

Grumpypants

Ring the planning office and ask them. They will know and be able to advise. It might not be on the digital planning permission but could be already included in the PP hard copy files.

birdie89

A solicitor doesnt investigate title before you go sale agreed. They havent seen the contract yet because it hasnt been sent out by the vendors.

spaceHopper

What kind of sale is it, probate or living owner?

If it's badly build, not up to regs and no planning then you could well be refused funds by the bank. At this stage talk to your solicitor. They will have seen this before. Then you could talk to the broker or guy in the bank to sound him out.

If it has to come down and be rebuild, you will not be able to move in, will you have to pay rent? What would it cost to take down and build something better, which will have to be smaller as you need 25msq of garden for planning

Can you get a total blank canvas with a better garden and build an extension for the sum of all those costs?